Article 29. Liability of Accessories in a Crime

1. Criminal liability of accessories in a crime shall be determined by the character and degree of participation of each of them in the commission of a given crime.

2. Co-performers shall bear liability in accordance with one and the same article of the present Code for a crime jointly committed by them, without reference to Article 28 of the present Code.

3. The liability of an organizer, abettor, and accomplice, shall arise under an article which stipulates punishment for the commission of a crime, with reference to Article 28 of the present Code, except for the cases in which they simultaneously were co-performers of a given crime.

4. In case a given crime was not consummated by its performer due to circumstances which were not dependent on him, the remaining accessories shall bear liability for complicity in preparation for the commission of that crime, or for an attempted crime. For preparation for an offense, criminal liability shall also be borne by a person who did not succeed in abetting other persons to the commission of a crime, due to circumstances which were not dependent on him.

5. A person who is not a performer or an accessory in a given crime that is specially indicated in the relevant article of the Special Part of the present Code, but who participated in the commission of a crime stipulated by that relevant article, shall bear criminal liability for that crime as his organizer, abettor, or accomplice.

Article 30. Excess of a Co-Participant in a Crime

The commission by a person of a crime which was not covered by the intent of other co-participants shall be recognised as an excess of a co-participant. Other participants in a given crime shall not be subject to criminal liability for an excess.

Article 31. The Forms of Complicity in a Crime

1. A crime shall be recognised as committed by a group of persons, if two or more performers jointly participated in its commission without preliminary collusion.

2. A crime shall be recognised as committed by a group of persons under preliminary collusion, if the persons who participated in it earlier agreed on joint commission of a given crime.

3. A crime shall be recognised as committed by an organized group, if it is committed by a stable group of persons who earlier united for the commission of one or several crimes.

4. A crime shall be recognised as committed by a criminal association (criminal organization), if it is committed by a united organized group (organization) which is created for the commission of grave or especially grave crimes, or by an association of organized groups created for the same purposes.

5. A person who created an organized group or a criminal association (criminal organization), or who guided them, shall be subject to criminal liability for their organization and guidance in cases stipulated by the relevant articles of the Special Part of the present Code, as well as for all crimes which were committed by a given organized group or a criminal association (criminal organization), if those crimes were covered by his criminal intent. Other participants of an organized group or a criminal association (criminal organization) shall bear criminal liability for participation in them in cases stipulated by the relevant articles of the Special Part of the present Code, as well as for crimes in preparation or the commission of which they participated.

6. The creation of an organized group in cases, which are not stipulated by articles of the Special Part of the present Code, shall entail criminal liability for preparation for those crimes for the commission of which it was created.

Date: 2014-12-21; view: 804